Westpac Banking Corporation v Jonathon Wilfred Haynes [2017] SASC 23
This case concerned an action brought by the bank against the borrower to recover funds advanced to him. The borrower counterclaimed and argued that the bank breached its obligations to him under Clause 25.1 of the Code of Banking Practice. This case is notable in that unlike all reported cases to date, it was the […]
ReadmoreHousing affordability policy initiatives create concerns and uncertainty for Victorian property investors and developers
Significant housing affordability policy initiatives were unveiled by the Victorian government over the weekend. Whilst the announcements have focused on the impact of these initiatives on first home buyers and the efforts to tackle housing affordability for these buyers, the proposals contain cause for concern for Victorian property investors and developers. A proposed stamp duty relief for […]
ReadmoreApplication of RLA
The recent decision in CB Cold Storage Pty Ltd v IMCC Group Pty Ltd [2017] VSC 23 (CB Cold Storage) could mean that for landlords leasing premises to industrial or warehousing businesses in Victoria, land tax may not be recoverable from the Tenant, market rent reviews that do not allow the rent to decrease may […]
ReadmoreHousing affordability policy initiatives create concerns and uncertainty for Victorian property investors and developers
Significant housing affordability policy initiatives were unveiled by the Victorian government over the weekend. Whilst the announcements have focused on the impact of these initiatives on first home buyers and the efforts to tackle housing affordability for these buyers, the proposals contain cause for concern for Victorian property investors and developers. A proposed stamp duty […]
ReadmoreAmendments to Fair Work Act to create new compliance issues for the franchising sector
Following a number of recent high profile cases involving franchisees breaching their obligations as employers, the Government introduced the Fair Work (Protecting Vulnerable Workers) Bill 2017. The Bill proposes amendments to the Fair Work Act 2009 (Cth) to: introduce increasing civil penalty provisions of up to 600 penalty units ($108,000) for individuals or 3,000 penalty […]
ReadmoreACCC’s 2017 Enforcement Priorities – What to Expect
On 24 February 2017, the ACCC’s Chairman, Mr Rod Sims, launched the 2017 ACCC Compliance and Enforcement Policy and announced the ACCC’s enforcement priorities for 2017. It certainly looks like being a busy year for the ACCC, with enforcement activities foreshadowed in a number of areas. Set out below are the key areas identified in […]
ReadmorePenalty rate reductions: what you need to know
In a long awaited and much publicised decision issued last week, the Fair Work Commission reduced Sunday and Public Holiday penalty rates by between 25% and 50% in a number of modern awards in the retail and hospitality sectors. A brief overview of these reductions is described below. Sunday Penalty Rates Award Type of Employee […]
Readmore“Cracking the Code” – The Khoury Review
The Australian Bankers’ Association (ABA) commissioned a review of the Code of Banking Practice (Code) as part of a range of industry initiatives announced on 21 April 2016 (Review). Broadly speaking, the Terms of Reference for the Review are to identify whether the Code is serving its purpose, is meeting reasonable stakeholder expectations and where […]
ReadmoreBack-up winners
Here is an overview for drawing back-up winners in trade promotions. Drawn after you draw the actual winner, you may draw several back-up winners. For full size image click here.
ReadmoreQueensland Property Law Review – Recommendations for Strata Reform
An Options Paper has been released by QUT’s Commercial and Property Law Research Centre, containing a series of recommendations on body corporate governance issues. The report, which forms part of the broader Queensland Government Property Law Review, provides 29 recommendations for reform of the current framework under the Body Corporate and Community Management Act 1997 […]
ReadmoreCyber security: are you ready for the new mandatory data breach notification law?
The Privacy Amendment (Notifiable Data Breaches) Bill 2016 was passed by the Australian parliament on 13 February 2017. Assuming that it receives royal assent within the coming days, it will become an Act (the Amendment Act). The key amendments set out in the Amendment Act are likely to take effect 12 months after that, to […]
ReadmorePossession Proceedings Against Deceased Estates in Victoria
Where a registered proprietor of real property is deceased, in Victoria court proceedings may be commenced against the personal representative of the estate. The personal representative is identified by the grant of probate or letters of administration. In some cases an estate does not have a personal representative appointed. This can be due to the […]
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